Out Of State Defendant Receives Pre-Trial Probation On Charges Of Disorderly Conduct And Assault
An out of state defendant was in the Boston are for a business trip and staying at a local hotel. According to the police report, police officers received a call form a “concerned citizen” relative to an unconscious male laying in the streets of downtown Boston. Upon arrival the officers checked on the male who became belligerent when the officers tried to assist him. By the end of the encounter the allegedly intoxicated defendant landed himself in jail facing two criminal charges: disorderly person and assault on a police officer.
Attorney McCarthy favorably presented the defendant’s hardworking and trouble free background and negotiated a disposition whereby the contrite defendant was placed on a year of pre-trial probation and ordered to stay away from the hotel. The defendant did not have to admit to any facts or plead guilty. The case will be dismissed in one year provided the defendant does not get rearrested.
Client Avoids Facing Criminal Charges For Assault And Battery Following A Criminal Complaint Hearing
A civilian complainant filed for criminal charges of assault and battery alleging that the defendant pushed and intimidated him following a civil claims magistrate hearing. The defendant retained the services of Attorney McCarthy who represented the defendant during the criminal clerk’s hearing. Following the hearing the clerk declined to issue the complaint and the defendant avoided facing a criminal charge of assault and battery.
Successful Local Businesswoman Receives Pre-Trial Probation On Charges That She Violated A Harassment Prevention Order
A successful Businesswoman was charged with several counts of violating a Harassment Prevention Order. Attorney McCarthy did significant pre-trial investigation and became familiar with the defendant’s impressive background. Following months of negotiation, the Court placed the defendant on pre-trial probation for one year and ordered that the defendant follow the terms of the existing Harassment Prevention Order. This disposition avoided the defendant having to admit to any facts and minimized any negative consequences that any type of conviction or admission could have on her career.
Harassment Prevention Order Not Extended In The District Court
The plaintiff and the defendant lived in the same apartment building for approximately three years. The plaintiff repeatedly complained to the landlord relative to the defendant regarding "things" dropping on the floor, the limited parking situation and coincidental contact between the parties. Citing these examples of "harassment," the defendant applied for and ex-parte Harassment Prevention Order pursuant to M.G.L. c. 258E.
The client, defendant, contacted Attorney McCarthy prior to the extension hearing to prepare for the extension hearing. In short order, our office interviewed witnesses and conducted an investigation into the plaintiff's claims. With the defendant prepared with four witnesses, the plaintiff did not go forward with the hearing and the harassment prevention order was terminated.
Attorney McCarthy Successfully Litigates Another Motion To Suppress Gun And Ammunition
The police responded to a multi-unit building for a report of a loud party in the early morning hours of New Year’s Day. Although noise was coming from more than one apartment, police officers climbed a fire escape and knocked on a side door. The uniformed officers progressed from the entry through a room and into the middle of the kitchen. While in the kitchen, one of the officers observed an individual in a bedroom leaning over. Although there were a number of people in the bedroom, the officers entered and found what they believed was a firearm tucked in the mattress. The police continued to search the apartment, which did not belong to the defendant, and found what they believed was ammunition in a closet. The defendant was charged with unlawful possession of a firearm and unlawful possession of ammunition. The defendant faced a mandatory minimum sentence of spending eighteen months in jail if convicted on the unlawful possession of a firearm charge.
Attorney McCarthy filed a motion to suppress the gun and the ammunition. Attorney McCarthy argued that the “visitor” enjoyed an expectation of privacy as a guest in the apartment and that the police unlawfully entered and searched the bedroom and closet. Following the evidentiary hearing the Judge allowed the defendant’s motion to suppress.
Attorney McCarthy Successfully Litigates Motion To Dismiss Armed Career Criminal Charge And Motion To Suppress Gun And Related Evidence In Superior Court
The police responded to a report of a suspicious motor vehicle in an apartment complex. The police saw a car parked in the complex area with two males inside. Upon questioning the driver it was determined that he had an outstanding warrant for his arrest. The officers arrested the driver and the passenger was allowed to walk to the police station to “bail him out.”
The officers searched the car and found a gun “partially tucked” under the front passenger seat of the car and black masks in other areas of the vehicle. The passenger/client was initially charged with being an armed career criminal, possession of a firearm and improper storage of a firearm.
Attorney McCarthy filed a number of pre-trial motions including a motion to dismiss the armed career portion of the indictment and a motion to suppress evidence. The motion to dismiss the armed career criminal portion of the indictment was allowed without a hearing.
Relative to the motion to suppress, Attorney McCarthy established during an evidentiary hearing that the area where the car was parked was a private way and the police had no authority to tow the car. The Commonwealth unsuccessfully argued that the car was lawfully towed pursuant to the “Inventory Policy” as the car was “blocking traffic.” Due to thorough investigation Attorney McCarthy was able to establish that the area where the vehicle was parked was very wide and the car was not obstructing traffic. The Superior Court judge allowed the defendant’s motion to suppress.
Case Of Domestic Assault And Battery To Be Dismissed Against Defendant
The police responded to a home for what they believed was a “breaking and entering in progress.” Upon the arrival of the officers, the caller eventually informed the police that her husband had hit her in the face. The officers observed injuries on the woman’s face and legs. The police alleged that the defendant “appeared intoxicated.”
Despite the initial recommendation that the defendant/husband be held on high bail he was released on the condition that he submit to random alcohol testing. After Attorney McCarthy was retained she successfully argued to have the “stay away” portion of the pre-trial conditions lifted.
Although the District Attorney’s Office recommended that the defendant serve a committed sentence, Attorney McCarthy successfully argued for the case to be dismissed provided that the defendant satisfied certain conditions.
Client Avoids Facing Criminal Charges Of Minor In Possession Of Alcohol
The police responded to a report of a house party. The officers entered the home and opined that there had been a party with “under age kids” in attendance. Apparently, they believed that some of the guests left the get together after the police arrived. After speaking to those that remained the police found a bottle of alcohol and concluded that a number of the guests had consumed alcohol and been in possession of alcohol while under the legal drinking age of twenty-one. A number of those that were at the house, whether they were there when the police arrived or not, were summonsed to court to face criminal charges for being a minor in possession of alcohol.
Attorney McCarthy attended the hearing and advocated for her client. Following the hearing the clerk agreed not to issue a criminal complaint against the client. The case will be dismissed, prior to the defendant’s arraignment, provided certain conditions are fulfilled.
Twenty Year Old Probation Default Warrant For A Felony count Of Breaking And Entering In The Nighttime With Intent To Commit A Felony, Malicious Destruction Of Property And Related Charges Cleared For Out Of State
A successful out of state businessman was in default for violating probation on a number of charges in Malden District Court for over twenty years. The client contacted Attorney McCarthy in an effort to clear up the default without being held in custody. Attorney McCarthy arranged the surrender of the client and the probation was terminated when he appeared in court with Attorney McCarthy. The client was not held in custody at any time.
The attention of an undercover police officer was drawn to a man “standing in the middle of Huntington Avenue” and refusing to move. The man refused to get out of the street and fight with the officer. According to the police report, another individual came over and also became aggressive with the police. The officers felt that the safety of the defendant and other individuals was in jeopardy and removed the individuals from the street.
Investigation revealed that the pair had allegedly refused to pay a taxi fare and one of the men assaulted the taxi driver. Both men were arrested and our client was charged with assault, resisting arrest, disorderly person and evading a taxi fare. Any type of conviction or admission could result in repercussions to the client’s employment. Attorney McCarthy aggressively pursued a disposition whereby the defendant would be placed on a short period of pre-trial probation. The defendant did receive pre-trial probation and the case will be dismissed after six months without him having to tender any type of admission.
Charge Of Operating Under The Influence Of Alcohol To Be Dismissed
According to the police report, a State Police Trooper observed a motor vehicle having trouble staying in its lane. The Trooper pulled the car over and smelled a strong odor of alcohol coming from the driver, defendant. The Trooper also claimed that the defendant’s speech was slurred. After the Trooper administered a number of field sobriety tests, he determined that the driver was under the influence of alcohol. Attorney McCarthy negotiated a disposition whereby the case against the defendant will be dismissed after one year provided the defendant satisfies certain conditions and stays out of trouble.
Seventeen Year Old Default Warrant Removed For Successful Businessman
The defendant was charged with operating after suspension in a local Boston Courthouse. The client contacted Attorney McCarthy to arrange his surrender. Attorney McCarthy accompanied the defendant to court and the case was dismissed. The defendant did not have to pay any court costs and, despite being in default for seventeen years, he was not held in custody.
Felony Charge Of Assault And Battery By Means Of A Dangerous Weapon Dismissed Against Defendant On The Day Of Trial
The Police responded to a residence as the result of a call for a “past assault and battery by means of a dangerous weapon.” Upon arrival they spoke to the complaining witness and ex-boyfriend of the defendant who claimed that his ex-girlfriend stabbed him with a knife. The police indicated that when they responded there was a “large quantity of blood on the floor of the apartment, inside the doorway and on the front exterior step. He claimed that his former love interest was aiming a ten inch knife at his chest which he grabbed causing injury to his right hand.
After a knife was discovered in the ex-girlfriend’s car, she quickly became the defendant. Conviction of this felony offense could result in a defendant spending two and one half years in jail. Attorney McCarthy conducted extensive pre-trial interviews and investigation With a number of witnesses summonsed and ready to testify on the day of trial the defense answered ready for trial. The Commonwealth answered not ready for trial and the case against the defendant was dismissed.
Possession Of Controlled Substances Charges Dismisses Against Defendant Following Filing Of Motion To Suppress Evidence
A Massachusetts State Police Trooper was advised that an accident had occurred in the area of Route 128 and Route 114 and the operator of the car had fled the scene. According to the police report, a State Trooper in the area observed a car “enter a street, stop abruptly and promptly attempt to turn around” upon seeing the cruiser. The trooper activated the emergency lights and signaled the car to pull over. Based on an odor of “burnt marijuana” the Trooper told all occupants to exit the vehicle. The Trooper searched the car and its contents and found controlled substances in a bag that she claimed the defendant said was his.
Based on these facts, Attorney McCarthy filed a motion to suppress evidence and statements. Prior to the hearing, Attorney McCarthy alerted the District Attorney’s office and the judge to the recent case of Commonwealth v. Nunez, simply the smell of an odor of burnt marijuana is not enough to search a car or order occupants out of the car. This case is the reasonable application of the law since the possession of less than an ounce of marijuana has been decriminalized in Massachusetts. Thus, an odor of marijuana CANNOT be used to justify a threshold inquiry, a stop and/or a search in Massachusetts.
District Attorney’s Office Enters A “Nolle Pros” In A Case Of Alleged Domestic Violence
The police responded to a home as a result of a call for alleged domestic violence. The officers spoke to an individual in the home and daughter of the defendant. According to the police report, an older sibling became involved with an argument between a father and his teenage daughter. After brief discussions with the present family members the father was arrested and charged with assault and battery. The defendant retained defense attorney Kathleen M. McCarthy to represent him. The District Attorney’s Office declined to prosecute the case and entered a “nolle pros.”
Case Of Alleged Domestic Abuse Dismissed In Local District Court
The police claimed that they responded to a home relative to a report of “domestic abuse.” The officers claimed that that when they arrived they observed both parties with physical injuries. After interview the husband and wife they arrested the husband and charged him domestic assault and battery.
After reviewing the evidence Attorney McCarthy picked a trial date. On the day of the trial the Commonwealth dismissed the charges against the defendant and the wife asserted her marital privilege.
Charges Of Open And Gross Lewdness And Lascivious Behavior To Be Dismissed Against Successful Businessman
The Police claimed that they received a radio call to respond to the downtown Boston area because of a man in a car that was allegedly masturbating. The police claimed that witness called in with a description of a male in a car. Eventually, the police tracked down a suspect and charged him with Open and Gross. Despite the fact that the witness claimed to have seen the defendant engage in this behavior on prior occasions, Attorney McCarthy negotiated a disposition whereby the case will be dismissed in a year provided the defendant satisfies certain conditions and does not get charged with any new crimes.
Multiple Counts Of Malicious Destruction Of Property To Be Dismissed Against Female Defendant
The police claimed that the defendant, who was a mother and wife, had caused extensive damage to her new husband’s former wife’s home. The police report alleged that the defendant’s car matched the description of an SUV seen leaving the scene in which a number of lights were broken, a grill was tipped over and other damage to the home was inflicted. The police also claimed that when they interview the defendant she had “glass” in her boots and that her footprints were found in the snow at the scene.
Despite that fact that there was an allegation of extensive damage, Attorney McCarthy negotiated a disposition whereby the case will be dismissed in one year provided she does not get into trouble and satisfies some conditions.
Jury Returns A Not Guilty Verdict For Defendant Charged With A Second Offense Operating Under The Influence Of Alcohol
The Commonwealth charged that the defendant was operating while under the influence of alcohol after he was pulled over at 2:45 am for traveling at 85 miles per hour on route 93 northbound. The State Trooper testified that after he saw the defendant's car traveling at a "high rate of speed" he pulled it over and noticed an odor of alcohol coming from the car. Upon questioning the defendant for his license and registration he claimed that his speech was slurred, he was "lethargic" and did not appropriately produce his registration. The Trooper further said that the defendant was "unsteady on his feet" when he walked to the rear of his car. According to the Trooper, the defendant admitted to having two drinks and a shot over the course of the evening and did not satisfactorily perform the one leg stand and the walk and turn "field sobriety test." During the course of the two day jury trial, Attorney McCarthy presented four witnesses, including the defendant and convinced a jury to acquit the defendant.
Attorney McCarthy Secures Acquittal For Salem Man Charged With Operating Under The Influence Of Alcohol
A Peabody Police officer pulled the defendant's car over after noticing that he failed to use his directional while exiting a local fast food establishment. Upon questioning the defendant the officer noticed that the defendant's eyes were red and glassy. After ordering the defendant from the car the officer testified that he was unsteady on his feet and used the car for balance. After administering three "field sobriety tests" including the one leg stand, the walk and turn and the alphabet test the officer formed the opinion that the defendant was under the influence of alcohol and placed him under arrest. The results of the breathalyzer test were a .09. Attorney McCarthy secured an acquittal for the defendant.
The police responded to a report of an unconscious man. Upon entering the apartment the officers observed a bag of a white powdery substance that, through their experience was identified as heroin. The defendant was also charged in a separate case for the same offense with similar facts. Attorney McCarthy negotiated a disposition whereby one of the cases was dismissed prior to arraignment and the other one was continued for a period of time to be dismissed provided the defendant successfully satisfies certain conditions.
The police alleged that the defendant, a homemaker and mother of five, took a prescription bottle from a home during an open house. As a result of an investigation the police charged her with illegal possession of a Class E substance and larceny under $250.00. Initially, the defendant was summonsed into the District Court to be arraigned on the charges. Attorney McCarthy successfully argued a motion to remand the case to a clerk's hearing prior to arraignment. During the clerk's hearing Attorney McCarthy stressed the fact that the defendant had no prior records and was experiencing a particularly stressful period in her life at the time the charges were lodged against her. The clerk declined to issue the complaints as long as the defendant stays out of trouble for a period of time. The defendant was never arraigned on any of the charges due to Attorney McCarthy's zealous advocacy.
Case Charging Malicious Destruction Of Property And Criminal Harassment To Be Dismissed Against Lawrence Woman
The police report alleged that the defendant banged a chair against her ex-boyfriend's door and placed a number of intimidating text messages to him. After negotiations the District Attorney's Office agreed to reduce the felony count of malicious destruction of property over $250.00 to the misdemeanor count of malicious destruction of property under $250.00. The defendant received a continuance without a finding and provided she stays out of trouble for one year the case will be dismissed.
Attorney McCarthy Negotiates Disposition Whereby Defendant Avoids Commitment Following A Final Probation Surrender Hearing
The defendant was served with notice of a violation of probation for failing to pay restitution on a case over fifteen years old. The defendant contacted Attorney McCarthy to represent him during a final surrender hearing. On the day of the hearing, Attorney McCarthy convinced the probation officer and judge to dismiss the probation on the payment of the restitution to a general victim's fund. The judge ultimately agreed and the defendant avoided a committed sentence.
Felony Count Of Possession With Intent To Distribute Controlled Substance Dismissed Against College Student Seeking His Green Card
The defendant, a college student, had been legally residing in this country with his family for ten years. Approximately one month before the family’s Immigration interview he was charged with possession of marijuana with intent to distribute. In short order, Attorney McCarthy filed a motion to dismiss so much of the complaint that charged intent to distribute. Following lengthy negotiations with the District Attorney’s Office the judge agreed to reduce the charge to straight possession and placed the defendant on pre–trial probation. This was all accomplished so that the defendant could attend the Immigration interview without being charged with a felony.
Following the family’s interview it was determined that the one count of straight possession of marijuana had to be dismissed and a certified copy of an official document reflecting the amount of substance had to be submitted within forty–two days. Attorney McCarthy filed a motion to expedite the analysis of the substance and a motion to terminate pre–trial probation early. Both motions were allowed and the documentation was available for timely submission to Immigration.
Warrant Charging Successful Out Of State Businessman With Felony Count Of Larceny Over $250.00 Recalled And Case Dismissed
A successful business man from out of state was informed that there was a Massachusetts warrant charging him with a felony count of larceny over $250.00 that related to an incident that allegedly occurred over fifteen years ago. The police report stated that the defendant was observed taking stereo equipment from an old superstore without paying for the merchandise. The defendant contacted Attorney McCarthy to investigate the allegations and dispose of the case. Based on the efforts of Attorney McCarthy, the warrant was recalled in a timely manner and the case against the defendant was dismissed.
Foreign Exchange Student Charged With Two Felony Counts Of Larceny Over $250.00 Receives Pre–Trial Probation
The defendant, a foreign exchange student attending a local college, was charged with stealing merchandise worth over $1,000.00 on one day and $420.00 on another day from a prestigious downtown clothing store. He faced two felony counts of larceny over $250.00. In the eyes of The Department of Immigration, these offenses are likely considered crimes of moral turpitude. In appropriate circumstances, if an individual is not a citizen of this country any type of conviction or admission to sufficient facts to this type of offense may lead to their exclusion from the country or to deportation. Attorney McCarthy engaged in lengthy negotiations with the District Attorney’s Office and the Court ultimately imposed a period of pre–trial probation with community service. As a result of this disposition, the defendant avoided having to admit to committing a crime that may be considered a criminal offense of moral turpitude and potentially facing collateral immigration consequences.
Attorney McCarthy Successfully Prevents Issuance Of Criminal Complaint For Assault And Battery Against Local Businessman Following A Clerk’s Hearing
The application for complaint alleged that the defendant, a local successful businessman, was observed harassing customers at a downtown pub and refused to leave. The victim/Manager attempted to intervene after the patron/defendant refused to leave. The Manager claimed that the defendant bit his hand during a physical altercation. Attorney McCarthy successfully negotiated a disposition whereby the clerk did not issue the complaint provided the defendant stays away from the bar.
Operating After Suspension Charge Dismissed Against Defendant
A defendant, living in another state, realized that a Massachusetts warrant was lodge against him that alleged he had a pending case of operating under the influence of alcohol in a Massachusetts District Court. Attorney McCarthy investigated the claim and determined that the charge was incorrectly reflected as an operating under the influence on the defendant’s record. The correct charge should have been “operating after suspension.” During a court hearing the defendant’s record was corrected and the case was dismissed against the defendant.
Attorney McCarthy Successfully Prevent Issuance Of Criminal Complaint For Shoplifting Against Defendant Following A Clerk’s Hearing
The police report alleged that the defendant was identified by a super store employee as an individual in a videotape seen stealing a number of items from the store. The perpetrator was not caught however, a store employee claimed that the person seen leaving the store without paying for items was the defendant. The defendant was summonsed to the local district court for a Clerk’s Hearing. Following negotiations with the police officer a complaint did not issue against the defendant provided the defendant stays out of the store!
Two Counts Of Assault And Battery To Be Dismissed Against Army Reservist
On New Year’s Eve the defendant, serving in the Army Reserves, was arrested and charged with two counts of assault and battery and one count of assault and battery on a public employee. The police report alleged that the defendant punched a woman in the face and bit her boyfriend’s hand as the couple attempted to enter a cab after leaving a downtown bar on New Year’s Eve. The victims received medical attention. Despite a moving victim impact statement at the defendant’s hearing, after lengthy negotiations the Court agreed to dismiss the case against the defendant provided he satisfies certain conditions and does not get rearrested.
Old Warrant Charging Defendant With Assault By Means Of A Dangerous Weapon Against Out Of State Defendant Recalled And Case Dismissed
An out of state defendant became aware of a Massachusetts warrant that issued against him approximately twenty years ago for a felony charge of assault by means of a dangerous weapon. The Commonwealth claimed that the defendant was involved in an incident whereby a knife was yielded at a victim. Attorney McCarthy investigated the circumstances surrounding the charges. Following negotiations with the District Attorney’s Office the warrant was ultimately recalled against the defendant and the case was dismissed.
Charge Of Leaving The Scene Of An Accident Dismissed Against Businessman
The police received calls from witnesses that a male driver struck another car on the highway and was driving “erratic like an idiot.” A concerned citizen followed the car and got the license plate. The police eventually spoke to the registered owner of the car who admitted to driving the car but denied any knowledge of hitting another vehicle. The defendant was charged with leaving the scene of an accident after causing property damage and negligent operation of a motor vehicle.
Attorney McCarthy filed a motion for a non-suggestive identification procedure to determine whether any of the witnesses would be able to identify the defendant as the driver of the car. Although one witness could positively identify the defendant as the driver, Attorney McCarthy negotiated a disposition whereby the leaving the scene of an accident charge was dismissed and the negligent operation of a motor vehicle is to be dismissed in a few months provided the defendant satisfies certain conditions.
Disturbing The Peace And Disorderly Conduct Charges To Be Dismissed Against A Local College Student
The police report alleged that they saw several vehicles slowing down in front of him due to an individual that was “stumbling in the middle of the roadway.” The officers believed that the individual was under the influence as she would not leave the area. The defendant was ultimately arrested and charged with disturbing the peace and disorderly conduct. Over the Commonwealth’s objection, Attorney McCarthy convinced the judge to order a period of pre-trial probation and if the defendant satisfies certain conditions the case will be dismissed without the defendant admitting to sufficient facts or admitting guilt.
Felony Charge Of Possession Of Marijuana With Intent To Distribute Dismissed Against College Student
The police pulled over a car that they claimed was traveling at a "high rate of speed" through a red traffic light Upon pulling the car over, the police officer smelled an "odor of burnt marijuana." The officer requested the driver's license and registration and claimed that he saw a large wad of cash and green leafy substance he believed was marijuana in a bag the driver retrieved his license from. Based on this observation the officer searched the bag and the car and discovered a large gallon zip lock bag with twenty-one individually wrapped aluminum bricks, a scale for weighing marijuana, throwing knives and a prescription container with 6 white oval pills and another bag containing a green leafy substance.
The driver was charged with possession of marijuana with intent to distribute, possession of a dangerous weapon (throwing knives) and possession of a controlled substance. Attorney McCarthy filed a motion to suppress the evidence and the stop and a motion to dismiss the count of possession of a dangerous weapon. After reviewing the motion the District Attorney's Office agreed to dismiss the felony charges of possession of marijuana with intent to distribute and possession of a dangerous weapon. The one count of possession of a controlled substance was continued and will be dismissed provided the defendant does not get rearrested.
Charges Of Domestic Assault And Battery To Be Dismissed Against Local Businessman
The police were called to a home on New Year's Eve for an alleged fight. Upon arrival the police arrived interviewed the parties and determined that there had been a physical altercation between two males. The participants in the exchange were brother-in-laws. Although there were no visible injuries on either party, the defendant was arrested and charged with domestic assault and battery. The alleged victim declined to get a restraining order.
The defendant contacted our office. After interviewing the individuals involved and negotiating with the District Attorney's Office the defendant received a general continuance. He did not admit to any facts and no finding was entered on his record. Provided the defendant stays out of trouble for six months the case will be dismissed. The defendant avoided having a criminal record and no finding was entered.
Twenty Year Old Default Warrant Recalled And Case Dismissed Against Defendant
Twenty years ago a default warrant issued for a defendant relative to a case of larceny by check. The defendant recently became aware of the old warrant and contacted our office to dispose of the case. Based on investigation and negotiations, on the initial appearance by Attorney McCarthy, the District Attorney's Office dismissed the case.
Attorney McCarthy Secures Dismissal Of Uninsured Motor Vehicle And Related Offenses Against Local Businessman Prior To Arraignment
A police officer observed a car parked in a commuter parking lot which had an expired inspection sticker and an expired registration. A check with the Registry of Motor Vehicles revealed that the registration was revoked due to an insurance cancellation. The car was towed.
The car belonged to a young professional who promptly called our office for representation. Attorney McCarthy presented documentation to the District Attorney's Office demonstrating that the car was registered at the time the defendant was cited for the violation. The District Attorney's Office agreed to dismiss the case prior to arraignment without court costs.
Out Of State Defendant Avoids A Prison Sentence And Convictions For Illegally Carrying And Improper Storage Of Two Firearms
Out of state defendant was in the Boston area repairing water tanks. The defendant stayed at a local motel with a number of colleagues during the project. A motel employee found two firearms in the defendant's rented room. He was ultimately charged with two counts of illegally carrying a firearm and two counts of improper storage of a firearm.
Attorney McCarthy filed a number of pre-trial motions including a motion to suppress evidence, a motion to suppress the defendant's statements and a motion to dismiss. The motion to dismiss was based on the fact that because the firearm was confiscated from the defendant's motel room, he was not "carrying" a firearm for purposes of the statute. Eventually, the prosecution agreed that the motel room was in effect the defendant's residence and amended the illegal carrying a firearm charge to the non-mandatory possession of a firearm. Following arguments of both sides, the judge continued the defendant's case for two years at which time all charges will be dismissed provided the defendant does not get rearrested.
Charges Alleging Two Counts Of Violating A Restraining Order To Be Dismissed Against Defendant
The complaining witness alleged that the defendant contacted her by phone two times following the issuance of a 209A restraining order and left voice messages. The content of the messages was described as disturbing. The pair had been involved in a close personal relationship for approximately two years. The complaining witness sought to end contact and applied for and was issues a restraining order.
Despite the seemingly serious nature of the violations, Attorney McCarthy negotiated a disposition whereby the charges against the defendant will be dismissed after a two year period provided that the defendant does not get rearrested and satisfies certain conditions.
Attorney McCarthy Successfully Prevents Criminal Complaint For Assault And Battery From Issuing Following A Clerk’s Hearing
The defendant was summonsed to court for a clerk’s hearing in which her boyfriend claimed that she hit him and took his cell phone. She faced the potential of being charged with assault and battery which has a possible sentence of two years in the house of correction. Prior to the hearing, her boyfriend was arrested and charged with assault and battery on her which resulted in injuries requiring a trip to the emergency room and stitches.
During the Clerk’s hearing against the defendant, attorney McCarthy demonstrated that the defendant had been in an abusive relationship for a number of years and that she [the defendant] was actually the victim. Following the hearing, the clerk declined to issue a criminal complaint against the defendant.
Case Charging Defendant With Possession Of a Class B Substance With Intent To Distribute In A School Zone Dismissed Against Defendant
The Boston Police pulled over the defendant’s car after observing what they claimed was conduct consistent with distribution of drugs between a passenger in the defendant’s car and another individual. The officers claimed that they found heroin on the defendant and under the driver’s mat. Because the car was pulled over close to a school, the defendant was charged with two counts of possession of heroin with intent to distribute in a school zone and faced two mandatory minimum sentences.
Attorney McCarthy filed a number of pre-trial discovery motions and evidentiary motions to suppress the stop and derivative evidence and a motion to suppress the defendant’s statements. After reviewing the case the District Attorney’s Office dismissed the mandatory minimum portion of the charge and the possession count will be dismissed in six months provided the defendant does not get rearrested.
Attorney McCarthy Secures Dismissal Of Two Separate Cases Charging Unlicensed Operation And Operating After Suspension Of Driver’s License For Local Professional Woman
In July, 2010 a police officer pulled a car over after noticing an expired inspection sticker. A RMV inquiry indicated that the registration was expired and that the driver’s license had expired. The defendant was charged with unlicensed operation of a car, operating an unregistered motor vehicle and failing to have an inspection sticker. She was summonsed in to the Lawrence District Court. Unfortunately, the summons went to the wrong address and a warrant issued for her arrest.
In December, 2010 another police officer pulled the same woman over for a broken headlight. A RMV inquiry indicated that her license to operate was suspended and there was an outstanding arrest warrant for her failure to answer to the first set of charges. The defendant was arrested. Attorney McCarthy negotiated a disposition whereby all charges were dismissed on minimal court costs.
The police report alleged that the defendant and his companion “appeared to be intoxicated and unruly . . . creat[ing] a disturbance inside security, attracting the attention of employees. . . ” when he was attempting to board his flight at Logan Airport. The Troopers claimed that the defendant also used profanity which led to his ultimate arrest. In addition to missing his flight, the defendant was hauled into the East Boston District Court where he faced two misdemeanor charges of assault and battery on a police officer and being a disorderly person. Attorney McCarthy successfully negotiated a disposition whereby the case was dismissed on court costs.